Attorney Contracted on Contingency Fee May Not Recover for Client’s Refusal to Proceed to Trial

Posted by Ronald Henderson on

Lemmer v. Charney (Filed May 5, 2011) 2011 DJDAR 6494 involved an attorney suing his former client for fraud and intentional interference with prospective advantage. The claim was based on the attorney’s detrimental reliance on the client’s fraudulent promise that the case would go to trial or settlement in exchange for the attorney agreeing to […]

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Appellate Advice to the Trial Attorney: Make a Record

Posted by Steven Vartabedian on

In the heat of battle during trial, it is far too easy for counsel to lose track of which chambers and side-bar discussions with the trial judge are being recorded by the court reporter. Remember, any argument made to the trial court that does not become a part of the record — that recorded by […]

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Disability Discrimination Proven When Not Allowed Light Duty Job Even Absent Ability to Perform Police Officer Duties

Posted by Steven Vartabedian on

In Cuiellette v. City of Los Angeles (Filed April 22,2011) 2011 DJDAR 5687, plaintiff was a City police officer who was injured on duty and found to be 100% disabled in his workers compensation proceedings. He returned to work with the City police department at an administrative desk job with the fugitive warrants unit. After […]

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Although Occasional Seller May Owe Duty to Immediate Purchaser, No Duty To Warn of Risk Owed to Later Purchaser

Posted by Steven Vartabedian on

Under well-established California law, the occasional seller of used equipment is not strictly liable for the sale of a defective product. While not claiming strict liability in tort, the plaintiff in Garcia v. Becker Bros. Steel Co. (filed April 18, 2011) 2011 DJDAR 5445, essentially asserted that a party in the chain of ownership of […]

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Claim of Termination Based on Disability Discrimination Under California’s FEHA Can Be Defeated by Disability-Caused Misconduct

Posted by Steven Vartabedian on

In Wills v. Superior Court of Orange County (Filed April 13, 2011) 2011 DJDAR 5338, the California Court of Appeal, Fourth Appellate District, Division Three, found that plaintiff’s disability discrimination claim failed because an employer may reasonably distinguish between disability-caused misconduct and the disability itself, when the misconduct includes threats or violence against co-workers. Plaintiff […]

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Termination for Denial of Security Clearance May Establish Pretextual Discrimination

Posted by Steven Vartabedian on

In Zeinali v. Raytheon Company (United States Court of Appeals, Ninth Circuit–filed April 4, 2011) 2011 DJDAR 4839, plaintiff, an ethnic Iranian, was terminated by defendant employer from his four years of employment as an engineer. He was required by the employer to apply for and be granted security clearance by the United States Department […]

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Party May Recover Loss of Consortium Dependent Upon Spouse’s Workplace Injury Statutorily Excepted From Workers’ Compensation

Posted by Steven Vartabedian on

California Labor Code section 4558 provides in part: “An employee . . . may bring an action for damages against the employer where the employee’s injury . . . is proximately caused by the [specifically authorized] employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press . […]

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